The petition for a writ of habeas corpus shall be signed by the person for whose relief it is intended or by some person acting in such person’s behalf.
Rule 91.03.Petition--By Whom Made.
Part III · Rule 91: Habeas Corpus · Last amended January 1, 1994 · Last verified July 22, 2026
In one sentenceRule 91.03 requires the habeas corpus petition to be signed either by the restrained person seeking relief or by some other person acting on that restrained person’s behalf when they cannot sign it themselves.
Full Text of Rule 91.03
Amendment History
Adopted June 24, 1982, eff. Jan. 1, 1983; Amended Sept. 28, 1993, eff. Jan. 1, 1994.
Official Comment
This is substantially the same as the first sentence of prior Rule 91.02. Compare: 28 U.S.C. Section 2242.
Plain-English Summary
Rule 91.03 sets a short signature requirement for habeas corpus petitions. The petition must carry the signature of the person for whose relief it is brought, or the signature of someone else acting on that person’s behalf. This flexibility matters because the person restrained may not always be free to sign papers, arrange filings, or navigate court procedure alone.
Allowing a representative to sign recognizes the practical reality of confinement or restraint: a family member, an attorney, or another advocate can start the case even when the restrained person cannot easily do so. The rule keeps the requirement simple, asking only that someone with a genuine connection to the restrained person’s interest put their name to the petition.
Frequently Asked Questions
Who must sign a habeas corpus petition in Missouri?
Either the person seeking relief or someone acting on that person’s behalf.
Can a family member sign the petition for a restrained person?
Yes, so long as that person is acting on behalf of the person for whose relief the petition is intended.
Does the restrained person have to personally file the petition?
No. The rule allows another person acting on their behalf to sign and bring the petition.
What if the restrained person cannot sign because of confinement?
The rule anticipates this by permitting someone acting on the restrained person’s behalf to sign instead.
Does an attorney count as someone acting on the restrained person’s behalf?
The rule’s language covers any person acting in that role; an attorney representing the restrained person’s interests would qualify.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as: who signs habeas petitionhabeas corpus petition Missourifiling habeas corpus on behalf of anotherpetition signature requirement